NU Online News Service, May 12, 5:25 p.m. EDT–The Texas House of Representatives passed a bill yesterday that limits who may file asbestos injury lawsuits.
A nearly identical measure, aimed at curbing the number of asbestos injury actions filling court dockets, passed the Senate last week after talks ironed out differences with all interested parties, including trial lawyers and businesses.
"So, it is expected that the upper chamber will concur with the technical amendments in the House bill sometime this week and send the package to the governor for his expected signature," said Joe Woods, assistant manager for the Property Casualty Insurers Association of America (PCI).
The bill establishes medical criteria for those persons claiming to be suffering from either asbestos or silica exposure.
"A person must prove that they have asbestos or silica-related injuries before they file a civil action to get compensated," Mr. Woods said. "This will remove a majority of claims that are clogging up the system and allowing the true asbestos victims to obtain a quick and fair compensation."
In addition, the bill eliminates the statute of limitations on such suits, allowing potential claimants to file suit whenever they develop symptoms.
Last year, Ohio became the first state to require that medical criteria be met before an asbestos lawsuit is filed. This year Florida and Georgia have passed similar legislation.
In late April, Rep. Chris Cannon, R-Utah, introduced a similar bill in the U.S. House of Representatives, but that is competing with the trust fund approach, which has gained momentum in the past few weeks.
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